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Madras High CourtCRP(MD)/1040/2025disposed of

The Special Tahsildar v. V.Karuppaiah Asar (Died), Meenakshi (Died), Bhoomirajan (Died), 1) Subramanaian,

2025-07-24Honourable Mr Justice M.Dhandapani8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)Nos.1040 of 2025, 278 of 2023 and 254 of 2023 and C.M.P.(MD).No.5701 of 2025, 1308 of 2023 and 1190 of 2023 C.R.P.(MD).No.1040 of 2025 The Special Tahsildar, (Land Acquisition), South Neighbourhood Scheme, Ellis Nagar, Madurai, Now the Revenue Divisional Officer, Madurai.

...Petitioner

Vs.

V.Karuppaiah Asari (died) Meenakshi (died) Bhoomirajan (died) 1.Subramanian 2.Subbulakshmi 3.Meenakshi 4.Krishnaveni 5.Krishna Santhi 6.Jeyalakshmi 7.Manimala 8.Karthik Kannan 1/8

9.Priyanaka

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records pertaining to the fair and decreetal order passed in E.A.No.4 of 2023 passed in E.A.No.323 of 2010 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 dated 21.01.2025 on the file of the I Additional Sub Court, Madurai and set aside the same by allowing this Civil Revision Petition. For Petitioner : Mr.B.Saravanan, Additional Government Pleader For R-8 : Mr.M.Kannan C.R.P.(MD).No.254 of 2023 The Revenue Divisional Officer, Madurai, Tamil Nadu.

...Petitioner

Vs.

V.Karuppaiah Asari (died) 1.Meenakshi 2.Boomirajan 3.Subramanian 4.Subbulakshmi 5.Gajendran

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order passed in E.A.No.50 of 2022 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 vide 2/8

order dated 16.08.2022 on the file of the I Additional Sub Court, Madurai and set aside the same by allowing this Civil Revision Petition. For Petitioner : Mr.B.Saravanan, Additional Government Pleader C.R.P.(MD).No.278 of 2023 The Special Tahsildar, (Land Acquisition), South Neighbourhood Scheme, Ellis Nagar, Madurai.

...Petitioner

Vs.

V.Karuppaiah Asari (died) Meenakshi (died) Bhoomirajan (died) 1.Subramanian 2.Subbulakshmi 3.Meenakshi 4.Krishnaveni 5.Krishna Santhi 6.Jeyalakshmi 7.Manimala 8.Karthik Kannan 9.Priyanaka

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the fair and decreetal order passed in 3/8

E.A.No.323 of 2010 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 vide order dated 03.02.2020 on the file of the I Additional Sub Court, Madurai and set aside the same by allowing this Civil Revision Petition. For Petitioner : Mr.B.Saravanan, Additional Government Pleader For R-8 : Mr.M.Kannan * * * * * COMMON ORDER C.R.P.(MD).No.1040 of 2025 has been filed to set aside the fair and decreetal order passed in E.A.No.4 of 2023 passed in E.A.No.323 of 2010 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 dated 21.01.2025 on the file of the I Additional Sub Court, Madurai.

2. C.R.P.(MD).No.254 of 2023 has been filed to set aside the fair and decreetal order passed in E.A.No.50 of 2022 passed in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 dated 16.08.2022 on the file of the I Additional Sub Court, Madurai.

3. C.R.P.(MD).No.278 of 2023 has been filed to set aside the fair and decreetal order passed in E.A.No.323 of 2010 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 vide order dated 03.02.2020 on the file of the I Additional Sub Court, Madurai.

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4. Since the issue involved in these revision petitions is common, they are being disposed of by way of this common order.

5. The facts of the cases reveal that as per the directions of this Court, a sum of Rs.21,65,755/- (Rupees Twenty One Lakhs Sixty Five Thousand Seven Hundred and Fifty Five only) was sanctioned as compensation for land acquisition. Out of this, a sum of Rs.17,32,604/- (Rupees Seventeen Lakhs Thirty Two Thousand Six Hundred and Four only) was disbursed to the respondents/landlords after deducting the applicable Income Tax amount of Rs. 4,33,151/- (Rupees Four Lakhs Thirty Three Thousand One Hundred and Fifty One only). This amount was paid by cheque No.003998, dated 17.07.2025, drawn on HDFC Bank, Chennai.

6. The learned Additional Government Pleader for the petitioner submits that the respondents are satisfied with the amount of Rs.17,32,604/- (Rupees Seventeen Lakhs Thirty Two Thousand Six Hundred and Four only) and there is no further claim against the petitioner or the land acquisition proceedings. The petitioner does not object to the deposit of the above-mentioned amount in favour of the respondents.

7. The respondents have expressed satisfaction with the compensation amount, and there is no dispute regarding the same. Therefore, the learned 5/8

Additional Government Pleader has no objection to the disbursement of the entire amount of Rs.17,32,604/- (Rupees Seventeen Lakhs Thirty Two Thousand Six Hundred and Four only) in favour of the respondents/landlords.

8. After careful consideration of the submissions made by both parties, the Court is of the view that the fair and decreetal orders passed by the I Additional Sub Court, Madurai in E.A.No.4 of 2023, E.A.No.50 of 2022, and E.A.No.323 of 2010 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 cannot be sustained, as the respondents have expressed satisfaction with the compensation amount and there is no further claim against the petitioner/land acquisition authorities.

9. In light of the submissions made and the fact that the respondents have no further claims, the orders passed in E.A.No.4 of 2023, E.A.No.50 of 2022, and E.A.No.323 of 2010 in E.P.No.320 of 1999 in L.A.O.P.No.317 of 1983 are set aside.

10. The trial Court is directed to disburse the entire amount of Rs.17,32,604/- (Rupees Seventeen Lakhs Thirty Two Thousand Six Hundred and Four only) in favour of the respondents/landlords within a period of two weeks from the date of receipt of a copy of this order. 6/8

11. The Civil Revision Petitions are allowed, and the orders passed by the I Additional Sub Court, Madurai, are set aside. No costs. Consequently, the connected miscellaneous petitions are closed. 24.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The I Additional Sub Court, Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG C.R.P.(PD)(MD)Nos.1040 of 2025, 278 of 2023 and 254 of 2023 24.07.2025 8/8